Introduction
In recent weeks, OLLAA has received several reports of civilians being targeted by Ethiopian State agents, including members of the military and police, in the East Guji, East Wollega, and Kellem Wollega zones of Oromia regions. These attacks have involved both physical attacks against individuals, in some cases leading to death, and the intentional burning down of their houses, leading to forced displacement. Many of these attacks were apparently made as a form of retaliation for the ongoing conflict between the Ethiopian military and police and the OLA. OLLAA condemns these attacks against civilians, which violate their rights, including the right to life and the right not to be arbitrarily displaced from their home or place of residence.
Reporting from East Guji Zone
On January 10, 2022, OMN reported that members of the Ethiopian military and the Oromia police forces killed at least one civilian, and injured two others in the East Guji zone. In addition, they reportedly burned down more than 200 huts belonging to members of the Borana Pastoralist community.
According to the report, and from sources on the ground who spoke to OLLAA, the attack occurred after a clash between Oromia police and members of the OLA in Gabaya Loon, a sublocation of Nagelle Borana town. After the OLA had left the scene, State agents went door-to-door to search for members of the OLA and their supporters. As previously reported by OLLAA, one victim of the attack was Darmi Dubba Libaa, a 28 year old teacher, who was shot in the face by members of the Oromia police after they had searched the residence where she was staying. It has been reported that at least one other woman was injured by members of the Ethiopian military or Oromia police, and that one man was killed.
In addition to attacking civilians, it has also been reported that members of the Ethiopian military and Oromia police torched the homes of civilians, in an apparent act of retaliation for the conflict between the Oromia police and the OLA.
Reporting from Kellem and East Wollega Zones
Similar reports have emerged from the Kellem and West Wollega zones in recent days. In the Kellem Wollega zone, residents of Anfillo district have claimed that members of the Ethiopian military have been killing civilians and burning down their homes, after claiming that they have supported the OLA. Reports indicate that at least 100 civilians have been affected by these attacks. In the East Wollega zone, media reports are circulating suggesting that members of the Amhara militia have also been destroying property and forcibly displacing civilians in order to “flush out” the OLA.
International Human Rights Standards:
Forced Displacement and the Destruction of Property
Under international law, forced displacement refers to a situation where a person is forced to leave their home, generally due to violence or human rights violations. When they do not cross international borders as a result of their forced displacement, they are referred to as Internally Displaced Persons (IDPs). The UN Guiding Principles on Internal Displacement defines internally displaced persons as:
“persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border.”
Under international human rights law, Article 17 of the Universal Declaration of Human Rights sets out that, “Everyone has the right to own property alone as well as in association with others”, and that “No one shall be arbitrarily deprived of his property.”
The Guiding Principles on Internal Displacement recognize the right of an individual not to be arbitrarily displaced from their home or place of residence, and elaborates upon the rights of those who have been displaced. In particular, it sets out that the property of IDPs must be protected, including from “Direct or indiscriminate attacks or other acts of violence”; “Being made the object of reprisal” and “Being destroyed or appropriated as a form of collective punishment”. Furthermore, the UN Principles on Housing and Property Restitution for Refugees and Displaced Persons set out a right to restitution for displaced persons, including the “the right to have restored to them any housing, land and/or property of which they were arbitrarily or unlawfully deprived, or to be compensated for any housing, land and/or property that is factually impossible to restore”.
It is also possible that international humanitarian law may apply in this situation, as a Noninternational Armed Conflict (NIAC). If so, the destruction of property of an adversary is also prohibited under customary international humanitarian law, unless required by imperative military necessity.
Violence Against Civilians
States are the primary duty bearer under international law, and are obligated to ensure that the State, or its agents, like police officers or members of the military, do not violate the rights of its citizens. Multiple human rights treaties that Ethiopia is a party to uphold the right to life as a fundamental right, including the International Covenant on Civil and Political Rights. In addition, because States have the duty to ensure the right to life, States may be found to have violated the right to life even in cases where the victims do not end up dying, as States have the obligation to respect and ensure the right to life of its citizens.
Extrajudicial executions are a violation of the right to life, and involve the deliberate killing of an individual by a state agent outside of a legal framework. The right to life is also a non-derogable right, which means that killing of civilians by members of the Ethiopian government cannot be justified in the context of the current conflict, as States of Emergency cannot be used to justify extrajudicial executions.
The UN Code of Conduct for Law Enforcement Officials establishes that law enforcement officials may not inflict any act of torture or other cruel, inhuman or degrading treatment or punishment on individuals, and further establishes that they may use force “only when strictly necessary and to the extent required for the performance of their duty”. The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials further provides that law enforcement may not: “use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.”
Conclusions
Based on the above, it seems clear that Ethiopian State agents, including members of the military and law enforcement, have been targeting Oromo civilians. After these incidents occurred, these State agents often claim that the victims were connected with the OLA, however, the motivation for the attacks appears to be retaliation against the civilian population. This has included both physical attacks against civilians, leading to injuries and, in some cases, deaths, as well as the destruction of their property. Such actions are a violation of Ethiopia’s duty to protect and promote the human rights of its citizens, including the right to life and the right of an individual not to be arbitrarily displaced from their home or place of residence.
The Ethiopian government must ensure justice for these victims of human rights violations, including by monitoring and preventing targeted acts of violence against civilian populations, promptly and properly investigating allegations of violence, ensuring perpetrators are brought to justice, and providing appropriate redress to victims. As noted in the UN Principles on Housing and Property Restitution for Refugees and Displaced Persons, this includes having their property restored, or in cases where that is not possible, to obtain compensation for their property that was destroyed. OLLAA calls on the Ethiopian government to fulfill its duty in this regard, and to ensure respect for the human rights of all its citizens.
OLLAA also calls on the international community to apply pressure on the government of Ethiopia to fulfill its obligation to protect the rights of its civilian population, and to consider launching independent investigations into these attacks. The UN and other relevant organizations should also take proactive measures to ensure that the IDPs and persons injured in these attacks receive the humanitarian assistance they need.